- Latest available (Revised)
- Original (As enacted)
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Northern Ireland Act 2009. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Schedule 1 (Northern Ireland department with policing and justice functions) has effect.
(1)For sections 12 and 12B of the Judicature (Northern Ireland) Act 1978 (c. 23) substitute the sections 12 to 12C set out in Schedule 2.
(2)The Justice (Northern Ireland) Act 2002 (c. 26) is amended as set out in Schedule 3.
(3)Schedule 4 (which transfers appointment and other related functions from the Lord Chancellor to the Northern Ireland Judicial Appointments Commission etc) has effect.
(4)Schedule 5 (which contains consequential amendments and transitional provision) has effect.
(5)Schedule 6 (which makes provision for reviewing arrangements for judicial appointments and removals etc) has effect.
(1)In Article 26C(5) of the Juries (Northern Ireland) Order 1996 (S.I. 1996/1141 (N.I. 6))—
(a)for “Attorney General” substitute “ relevant authority ”, and
(b)at the end insert “; and for this purpose “relevant authority” means—
(a)in relation to cases in which national security or terrorism is involved, the Advocate General for Northern Ireland;
(b)in relation to other cases, the Attorney General for Northern Ireland.”
(2)After section 30 of the Justice (Northern Ireland) Act 2002 (c. 26) insert—
(1)The Director of Public Prosecutions for Northern Ireland is a corporation sole.
(2)The Director may do anything, apart from borrowing money, which is calculated to facilitate the exercise of the Director's functions or which is incidental or conducive to the exercise of those functions.
(3)An instrument or other document purporting to be signed or otherwise executed by or on behalf of the Director is to be received in evidence and is, unless the contrary is proved, to be taken to be so signed or executed.”
(1)Section 86 of the Northern Ireland Act 1998 (c. 47) is amended as follows.
(2)In subsections (2)(a) and (3)(a) for “(whether by virtue of an Order under section 4 or otherwise)” substitute “ other than by virtue of an Order under section 4 ”.
(3)After subsection (3) insert—
“(3A)An Order under subsection (1) in relation to an Order under section 4 may make provision doing any of the following—
(a)transferring to a United Kingdom authority, with effect from any date specified in the Order under subsection (1), any function which immediately before that date is exercisable by a Northern Ireland authority;
(b)transferring to a Northern Ireland authority, with effect from any date specified in the Order under subsection (1), any function which immediately before that date is exercisable by a United Kingdom authority;
(c)conferring a function on a United Kingdom authority or a Northern Ireland authority;
(d)removing a function from a United Kingdom authority or a Northern Ireland authority.”
(1)This Act may be cited as the Northern Ireland Act 2009.
(2)An amendment or repeal contained in this Act has the same extent as the enactment or instrument or relevant part of the enactment or instrument to which the amendment or repeal relates.
(3)The Secretary of State may by order made by statutory instrument make supplementary, incidental or consequential provision for the purposes of, in consequence of or for giving full effect to any provision of this Act.
(4)An order under subsection (3) may contain—
(a)provision amending any Act or Northern Ireland legislation or any instrument made under an Act or Northern Ireland legislation;
(b)transitory and transitional provision and savings.
(5)A statutory instrument containing an order under subsection (3) may not be made unless a draft of it has been laid before and approved by a resolution of each House of Parliament.
(6)Subject to subsection (7), this Act comes into force on the day it is passed.
(7)The following provisions come into force on the day appointed by the Secretary of State by order made by statutory instrument—
(a)section 2 and the Schedules mentioned in that section;
and different days may be appointed for different purposes.
(8)The Secretary of State may by order made by statutory instrument make transitory or transitional provision or savings in connection with the coming into force of any provision of this Act.
Subordinate Legislation Made
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: